ABSTRACT The principal that, constitution is the fundamental law of the land is the basis of our political setup.

The three organ of the government i.e., executive, legislative and judiciary are well defined with their power and functions. They have to work within the ambit prescribed by them, by the constitution. In the democratic set up the principal of checks and balances is one of the efficient mechanisms to scrutinize the working of one organ, by another two. Hence judicial review is an effective mechanism used by the judiciary to scrutinize the working of the legislature. Judicial Review has two prime functions :(1) Legitimizing government action; and (2) to protect the constitution against any undue encroachment by the government, so that the fundamental right guaranteed to every citizens may not be wither away. But due to this power of judicial review there arises many situations where judiciary and legislature came to a lock horn. The paper will analyze the question that Does a vigorous system of judicial review is required for protecting the constitutional right? It will also look at the widespread discourse concerning the essence of judicial has possibly suffered from a level of tactlessness to the actual effects of specific judicial review systems. The author has also tried to study the same and various other aspects of judicial review and its inter- relation with the fundamental rights. The author will provide the concept and background of the judicial review and its emergence. this paper will also show the utility of the judicial review in a democratic setup and its essence in safeguarding the fundamental rights of the citizens. The author in this paper will point out the cases of judicial review when the two organ of the government came to a serious conflict when any legislative action proved a menace to the rights and liberties of the citizens. The author will also propose some ideas through some previous situations to mitigate the conflict and at last the author will sum up his paper by analyzing the pros and cons of the judicial review of the fundamental rights.